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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G.S.AHLUWALIA
Nirmala Real Estate Thr. – Appellant
Versus
Mathurobai – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2 , 3 , 4) |
| 2. challenging the appellate court's decision (Para 5 , 6 , 10) |
| 3. court's reasoning and analysis (Para 8 , 9 , 12 , 13) |
| 4. essential legal principles regarding pendente lite (Para 11) |
| 5. final decision and orders by the court (Para 18) |
ORDER :
The second appeal under Section 100 of CPC has been filed against the order dated 7-7-2015 passed by Seventh Additional District Judge, Gwalior in Civil Appeal Number 38A/2012, by which the Court below has refused to grant leave to the appellant to prefer an appeal against the judgment and decree dated 30-03-2012 passed by Seventh Civil Judge Class I, Gwalior, District Gwalior in Civil Suit Number 22A/2012.
2. The facts necessary for disposal of present appeal in short are that Jahar Singh filed a suit for permanent injunction to the effect that the plaintiff may not be dispossessed forcefully and no third-party right be created. Initially, the suit was also filed against plaintiff No.2 - Bhoori, but later on she was transposed as plaintiff. Jahar Singh died during the pendency of suit. Accordingly, his legal representatives were taken on record. The respondents No.1 to 5 are the le
A subsequent purchaser of property cannot claim right to appeal if the purchase violates an existing temporary injunction, reinforcing principles of lis pendens and judicial integrity.
(1) Appeal – Locus Standi – A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies court that he falls within category of aggrieved persons.(2) Impleadment of transfe....
The court affirmed that a purchaser pendente lite is a necessary party in ongoing litigation to ensure all parties with legitimate interests are heard.
The doctrine of lis pendens prevents a subsequent purchaser from acquiring rights in property under litigation; such purchasers are not necessary parties to the suit.
A pendente lite purchaser can be added as a party to ongoing litigation to protect substantial interests, and such applications should typically be granted without prejudice.
A transferee pendente lite is entitled to be impleaded in specific performance suits to protect their interests, validating the need for comprehensive adjudication of rights over the property.
The court emphasized that a transfer pending litigation is not void but subservient to the ongoing suit, affirming judicial discretion to allow impleadment to protect bona fide purchasers' rights.
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